Personnel Security; Access Authorization Granted; Guideline E (Personal Conduct)
Office of Hearings and Appeals
November 13, 2018On November 13, 2018, an Administrative Judge issued a decision in which she determined that an Individual’s DOE access authorization should be granted. To support invoking Guideline E, the Local Security Office cited two questions on the QNSP where the Individual certified that he had not used illegal drugs or misused prescription drugs, but later admitted to answering these questions untruthfully because he was afraid of the consequences. The Administrative Judge found that the Individual corrected his untruthful answers at the first available opportunity, during his OPM background interview. The Administrative Judge also found that the Individual’s testimony and submissions demonstrated that he made the decision to tell the truth before being confronted. Lastly, the Administrative Judge found that by telling not only the OPM investigator about his prior drug use, but also his employer, that the Individual had reduced any future vulnerability related to this issues. Based on the above, the Administrative Judge found that the Individual had mitigated the Guideline E security concerns. Accordingly, the Administrative Judge determined that the Individual’s access authorization should be granted. OHA Case No. PSH-18-0064 (Brooke A. DuBois).